The Legal Aspect of Money: With Special Reference to Comparative Private and Public International Law

The Legal Aspect of Money: With Special Reference to Comparative Private and Public International Law

The Legal Aspect of Money: With Special Reference to Comparative Private and Public International Law

The Legal Aspect of Money: With Special Reference to Comparative Private and Public International Law

Synopsis

This revised and updated edition includes a discussion of recent changes in international, especially European, law of money. Although originally intended as a reference work on English law of money, the comparative methodology has been maintained, making the combination of new material and established scholarship an indispensable guide to the financial and legal systems of the world.

Excerpt

'Writing a book is an adventure. To begin with, it is a toy, and an amusement; then it becomes a mistress, and then it becomes a master, and then a tyrant. the last phase is that just as you are about to be reconciled to your servitude, you kill the monster, and fling him about to the public.' Sir Winston Churchill, 2 November 1949, as quoted in 'Never Despair', p. 494, byMartin Gilbert (1988)

When late in 1937 or early in 1938, without any introduction or recommendation, the manuscript of what became the first edition of this book was submitted to the Clarendon Press and in due course accepted by the remarkable Mr. Kenneth Sisam, the thought that almost 55 years later a fifth edition would become possible and necessary, would for many different reasons have seemed fanciful. Yet there was a fourth edition in 1982 and so much has occurred since then that, although the general character of the book as defined in the earlier Prefaces has been maintained, a new edition, stating the law as at 30 June 1991, is required to take care of new developments, and to make many revisions, some of them minor, some far-reaching, some dull, others fascinating.

Thus the Exchange Control Act 1979 was at last repealed in 1987, so that its analysis had to be removed from the text; but similar legislation is believed to be still in force in some parts of the Commonwealth and elsewhere. It seemed right, therefore, to print the former Chapter xiii in Appendix iv. a second point of great consequence arose from the publication of important general works on the law of money in Germany, Italy and Switzerland, and of a number of monographs on more limited topics in these and other countries; they had to be carefully studied, but in writing a book primarily on English law and destined for lawyers in the Anglo-Saxon world it had constantly to be borne in mind that foreign academic material (as opposed to decisions) had to be strictly weeded in order to eliminate contributions of mainly local or theoretical interest. Whether the selection was successful time only will tell,--that views will differ, is a fact which an author will have to accept with resignation. a third and very special difficulty arose from the existence of no less than five, partly inconsistent decisions of the House of Lords which have played havoc with the problem of the character and structure of monetary obligations in English law; whether pp. 69-72 succeed in reconciling the irreconcilable and in suggesting practicable categories remains to be seen; a return to a single, uniform and logical . . .

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.